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Frezados v. Ingalls Memorial Hospital

Court of Appeals of Illinois, First District, Third Division

June 5, 2013

JOHN G. FREZADOS, Plaintiff-Appellant,
v.
INGALLS MEMORIAL HOSPITAL, an Illinois Corporation, d/b/a Ingalls Family Care Center, Tinley Park, Defendant-Appellee (Sullivan Urgent Aid Centers, Ltd., an Illinois Corporation, and John Olivieri, M.D., Defendants).

Rule 23 Order filed May 1, 2013.

Rule 23 Order withdrawn May 30, 2013.

Held [*]

Summary judgment was properly entered for defendant hospital in a medical malpractice action alleging that defendant was vicariously liable for the treatment provided by two physicians at the hospital, since no factual question was raised by plaintiff as to whether the hospital “held out” the physicians as employees of the hospital.

Appeal from the Circuit Court of Cook County, No. 08-L-9972; the Hon. Review Jeffrey Lawrence, Judge, presiding.

McArdle & Frost (Michael J. Frost, of counsel), and Mary Patricia Benz, both of Chicago, for appellant.

Anderson, Rasor & Partners, LLP, of Chicago (Michele C. Anderson and Albert C. Lee, of counsel), for appellee.

Panel JUSTICE STERBA delivered the judgment of the court, with opinion. Justices Hyman and Pierce concurred in the judgment and opinion.

OPINION

STERBA, JUSTICE.

¶ 1 Plaintiff-appellant John Frezados filed a complaint alleging medical negligence against defendant-appellee Ingalls Memorial Hospital, d/b/a Ingalls Family Care Center, Tinley Park (defendant or Ingalls), and defendants Sullivan Urgent Aid Centers, Ltd., and Dr. John Olivieri. Specifically, plaintiff alleged defendant was vicariously liable for the negligent acts of Dr. Olivieri and Dr. Hassan Ibrahim, two of his treating physicians. Defendant moved for summary judgment, which was granted. On appeal, plaintiff contends that the circuit court erred in granting summary judgment because genuine issues of material fact exist concerning: (1) whether defendant held out Drs. Olivieri and Ibrahim as its employees; and (2) whether plaintiff's signature on a form that disclaimed any employer-employee relationship between defendant and Drs. Olivieri and Ibrahim precluded him from arguing that he reasonably believed the doctors were employees of the hospital. For the following reasons, we affirm.

¶ 2 BACKGROUND

¶ 3 Plaintiff filed suit against defendant, among others, arising out of personal injuries he sustained after he suffered a ruptured abdominal aortic aneurysm. In his third amended complaint, plaintiff alleges professional negligence against defendant based on the actions of its alleged agents, codefendant Dr. Olivieri and Dr. Ibrahim, who is not a defendant in this case.

¶ 4 At his discovery deposition, plaintiff testified that his son drove him to Ingalls in Tinley Park, Illinois on September 11, 2006, because he was experiencing severe abdominal pain. Plaintiff chose to receive care at Ingalls because he previously had a triple bypass operation there and credited the hospital with saving his life. In addition, he had taken his children to Ingalls for treatment for illnesses when they were younger.

ΒΆ 5 When plaintiff arrived at Ingalls on September 11, he went directly to the Urgent Aid Center and spoke to a person at the intake desk about his symptoms. At that time, he was given a form titled "Consent for Treatment, " which he signed. The 2-page form has his name and birth date printed at the top of the first page and consists of 11 numbered paragraphs, including a general consent for treatment, assignment of insurance benefits, and a release ...


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